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(영문) 서울북부지방법원 2013.04.22 2013고정824

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving B rocketing and other automobiles.

On December 2, 2012, at around 06:36, the Defendant driven the above vehicle while under the influence of alcohol of 0.149% with a blood alcohol concentration of 0.149%, and driven approximately KRW 50km/h in the direction of the Czecho Hospital in the direction of the Czecho Hospital in Dongdaemun-gu Seoul, Seoul.

On the other hand, there is an intersection where signal lights are installed, so the driver of the vehicle shall not drive the vehicle in a state where normal driving is difficult due to influence of drinking, and the driver of the vehicle shall not drive the vehicle in a state where normal driving is difficult due to influence of drinking, in order to confirm whether there is a vehicle passing through the intersection by reducing the speed and checking well the side, and has the duty of care to safely drive the vehicle in accordance with the traffic

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal while the traffic signal was changed to the stop signal, and the victim C (the 43 years old and south) driving along the intersection from the left side of the moving direction to the right side of the traffic signal, conflicts with the front part of the Defendant’s vehicle.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as salt dynasty, tension, etc.

2. The Defendant violated the Road Traffic Act ( sound driving) at the same time, as paragraph (1) of the same Article, driven B rocketing vehicles with approximately 2 km section from the front of the upper end of the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the front road of about 116-1, Dongdaemun-gu, Seoul, while under the influence of alcohol concentration of about 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. C Statement on the occurrence, actual condition, and supplement of traffic accidents;

1. An investigation report on the actual condition of traffic accidents, a report on the detection of a model driver, and a report on internal investigation (the value applied by the Ramark formula);

1. The application of the law of the medical certificate.